Darlene M. Kesinger v. Thomas Herrington

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that summary judgment was appropriate despite conflicting accounts of a fatal shooting because an eyewitness’s version did not differ from the officer’s in any material way
• concluding that “it is clear that [an off-duty sheriff’s deputy] was acting within the scope of his discretionary authority when he intervened in [a pedestrian’s] apparent suicide attempt”
• determining that a witness’s testimony was “not substantial evidence and must be disregarded” where his testimony was inexplicably inconsistent with the photographic evidence
• stating that “a mere scintilla of evidence in support of the nonmoving party’s position is insufficient to defeat a motion for summary judgment”
• holding that a “mere scintilla” of evidence is insufficient
• explaining that an officer’s use of force “must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight”

Source: CourtListener parenthetical corpus (CC0).